the recent past must be resolved at the domestic level. In this context,
the Chilean State has taken a series of initiatives, such as creating the
Truth and Reconciliation Commission (the “Comisión Rettig”), Law
19.123 on reparation for victims of human rights violations, the
Dialogue Roundtable and the recently created Commission on Political
Prisoners and Torture. The State stressed that it was not questioning the
utility of participation by the international community in the handling of
such situations, but that it was convinced that the Chilean people and
their democratically elected bodies were the appropriate ones to attempt
to heal the wounds left by the human rights violations that were
committed during the military régime.
16. Consequently, Chile asked the Commission to declare this petition
inadmissible, and also 13 other petitions to which it was responding at
the same time, on the grounds that they relate to events that occurred
before the deposit of the instrument of ratification and that had their
origin prior to March 11, 1990.
IV.
A.
ANALYSIS OF ADMISSIBILITY
General considerations
17. Before examining the admissibility of the complaint, the
Commission deems it necessary to clarify that the petitioners’ complaint
in this case is not addressed to the summary execution of Hipólito Pedro
Cortés Álvarez, nor to any possible violation of Article 4 of the American
Convention. Nor does the complaint concern the criminal investigation of
that summary execution. The petitioners question the refusal of the
Chilean courts to grant compensation to Mrs. Morales, particularly after
recognition, in the Rettig Report, of State responsibility for the case, and
the compatibility of those decisions with the State's obligations under
the American Convention. The Inter-American Court has already spoken
of the normative value of the statement of recognition made by the
Chilean State in a similar case.
B.
Competence of the Commission Ratione Materiae, Ratione
Personae, Ratione Temporis, and Ratione Loci
18. The petitioner is entitled by Article 44 of the American Convention
to present complaints before the Commission. The petition names as the
alleged victims Alina María Barraza Codoceo, Eduardo Patricio, Marcia
Alejandra, Patricia Auristela, Nora Isabel, and Hernán Alejandro Cortés
Barraza, with respect to whom Chile is committed to respect and
guarantee the rights enshrined in the American Convention. The
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